DECLARATION OF ASSETS: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Declaration of Assets and Liabilities (Extension of Period of Declaration) (No.2) Order

Declaration of Assets and Liabilities (Oath of Confidentiality) Regulations

Declaration of Assets and Liabilities Regulations

DECLARATION OF ASSETS AND LIABILITIES (OATH OF CONFIDENTIALITY) REGULATIONS

(section 18 read with section 21)

(20th January, 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Form of Oath

SCHEDULE

S.I. 6, 2020.

1. Citation

These Regulations may be cited as the Declaration of Assets and Liabilities (Oath of Confidentiality) Regulations.

2. Form of Oath

The Director-General and any other officer of the Directorate shall, before performing any duties under the Act, make and subscribe to the oath of confidentiality set out in the Schedule hereto, in the case of the Director-General, before the President and in the case of any other officer before the Director-General.

SCHEDULE

(reg. 2)

OATH/AFFIRMATION OF CONFIDENTIALITY

TO BE SIGNED ON APPOINTMENT TO THE ETHICS AND INTEGRITY DIRECTORATE

I…………………………………………. (Full names) of ID No. …………………………………….

solemnly swear/affirm that I shall not disclose or make known to any person any information contained in any declaration or any other document received by me in connection with the exercise of any power or the performance of any duty conferred upon me under the Act, or received by me by virtue of my office, unless such disclosure is in accordance with the Act.

(In the case of an Oath here add)
So help me God

………………………………………….

Signature of person taking
Oath/Affirmation

Sworn to/declared at …………………………………. this ……………………… day of ……………….. 20…. by the above-named ………………………………….before me.

……………………………………………………………………………………………………………………………………………………….

………………………………….
President/Director-General*
*>Delete whichever is not applicable.>

DECLARATION OF ASSETS AND LIABILITIES REGULATIONS

(section 21)

(2nd, March 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Declaration of assets and liabilities

3. Revocation of S.I. No. 162 of 2019

SCHEDULE

S.I. 24, 2020.

1. Citation

These Regulations may be cited as the Declaration of Assets and Liabilities Regulations.

2. Declaration of assets and liabilities

A declaration made under section 7 of the Act shall be in accordance with the Form set out in the Schedule.

3. Revocation of S.I. No. 162 of 2019

The Declaration of Assets and Liabilities Regulations are hereby revoked.

SCHEDULE

DECLARATION OF ASSETS AND LIABILITIES FORM

(reg. 2)

PART I
DECLARATION STATUS

1. Surname of declarant: …………………………………………………………………………………..

(In block letters)

Other names: …………………………………………………………………………………………………

2. Date of birth: ………………………………………………………………………………………………

3. Place of birth: ………………………………………………………………………………………………

(Village, District and Country)

4. National Identity Card No./Passport No.: [*cancel where inapplicable] ………………………..

5. Citizenship: …………………………………………………………………………………………………

6. Marital status: ………………………………………………………………………………………………

7. Address:

(a) Postal address: ………………………………………………………………………………….

(b) Physical address: ……………………………………………………………………………….

……………………………………………………………………………………………………….

8. (a) Rank/Position/Title: ……………………………………………………………………………..

……………………………………………………………………………………………………….

(b) Date of current appointment: …………………………………………………………………

(d) Nature of employment (contract, permanent, temporary etc.) …………………………

……………………………………………………………………………………………………….

(e) Salary per annum: ………………………………………………………………………………

(f) Allowances per annum: ………………………………………………………………………..

(g) Other sources of income: ……………………………………………………………………..

9. (a) Immediate last appointment (Rank): ………………………………………………………..

(b) Date of immediate last appointment: From: ………………………………..

To: ………………………………………………………………..

……………………………………………………………………………………………………….

10. Tax Identification Number (TIN) ……………………………………………………………………….

DETAILS OF ALL PROPERTY

(a) IMMOVABLE ASSETS

[Note: Assets in joint ownership indicating the extent of joint ownership will also have to be indicated. Further note that the assets here excludes those of spouse]

*The indicated types are: (a) agricultural land; (b) non-agricultural land; (c) buildings (commercial and residential); (d) houses or apartments, etc.; and (e) others, such as interest in the property.

* The following shall be provided-

? latest valuation of the property (include the date for the valuation and which date shall be two years or less); or

? estimated current value of the property.

*For estimated current value of the property, provide the basis for the estimation such as-

? previous valuation, if available and date of such valuation,

? purchase price and date of such purchase,

? transfer value and date of transfer,

? latest rateable value of the property,

? value of neighbouring property (as may be obtained from Deeds Registry), or

? tribal land compensation guidelines.

*In estimating the current value of the property, the highest value should be provided.

*At “Location/s”, in the case of immovable assets, include assets that are abroad, “Joint Ownership”, indicate the name of the other co-owner/s if applicable and at “Owner”, in the case of own property, the owner?s name (owner, child/children). Further provide location as in the following example-

e.g     Phakalane
        Golf Estate
        Gaborone

[The note above applies to both Part II and III]

Type or description*	Survey No./Plot No./Deed No.	Plot size	Location/s*	Manner of acquisition (whether purchased, transferred or donated, etc.)	Joint ownership* (YES/NO)	Co-owner?s names and National ID/Passport No.*	Relationship to declarant	Latest value or estimated current value
1.
2.
3.
4.
5.

(b) MOVABLE ASSETS
(i) VEHICLES, SHIPS, AIRCRAFT, BOATS, WORKS OF ART, JEWELLERY, PRECIOUS METALS OR OTHER ITEM OF VALUE IN THE DECLARANT’S NAME
Type and make	Registration number	Price paid	Latest value or estimated current value	Date acquired	Current status (i.e. being used)	Source of finance (Bought, Donated/ Won)	Acquired from whom
1.
2.
3.
4.
5.

(ii) VEHICLES, SHIPS, AIRCRAFT, BOATS, WORKS OF ART, JEWELLERY, PRECIOUS METALS OR OTHER ITEM OF VALUE JOINTLY OWNED
Type and make	Registration number	Price paid	Latest value or estimated current value	Date acquired	Current status (i.e. being used)	Source of finance (Bought, Donated/Won)	Acquired from whom	Partner
1.
2.
3.
4.
5.

(c) CASH
Cash in bank or other financial institution in Botswana or outside Botswana (Give location of the bank/institution, names of account holder, account number, type of account)
Bank/Institution name and location	Name(s) of account holder	Account type and its number	Amount	Currency	Source of funds
1.
2.
3.
4.
5.

(d) OTHER ASSETS (e.g. LIVESTOCK, CARAVANS, TRAILERS, etc.)
[Note: Assets in joint ownership indicating the extent of joint ownership will also have to be indicated and for livestock, indicate number, breed and brand]
[The note above applies to both Part II and III]
Description	Cost	Date acquired	Current status (i.e. being used)	Source of finance	Registered owner
1.
2.
3.
4.
5.

(e) OTHER INCOME
(i) PARTNERSHIP/SOCIETY/COMPANY SHARES OR MONIES HELD IN TRUST OWNED BY THE DECLARANT
[Note: Shares abroad to be indicated]
Share Certificate No., including company name	Number and type/class of shares	Price paid	Date acquired	Current status (being used)	Source of finance	Latest value or estimated current value
1.
2.
3.
4.
5.

(ii) BILLS, SECURITIES, BONDS NEGOTIABLE INSTRUMENTS OR ANY INSTRUMENT CAPABLE OF BEING NEGOTIATED OWNED BY THE DECLARANT
Share Certificate No., including company name	Number and type/class of shares	Price paid	Date acquired	Current status (i.e. being used)	Source of finance	Latest value or estimated current value
1.
2.
3.
4.
5.

(f) TRANSFERRED PROPERTY
[Note: This includes property transferred within the past five years]
(i) IMMOVABLE ASSETS
[Note: These include property that is jointly owned]
Type or description*	Plot size	Survey No./ Plot No./Deed No.	Location/s*	Manner of transfer (whether sold or donated, etc.)	Date of transfer	Person transferred to*
1.
2.
3.
4.
5.

(ii) MOVABLE ASSETS
VEHICLES, SHIPS, AIRCRAFT, BOATS, WORKS OF ART, JEWELLERY, PRECIOUS METALS OR OTHER ITEM OF VALUE IN THE DECLARANT?S NAME
[Note: These include property that is jointly owned]
Type and make	Registration number	Date transferred	Manner of transfer (e.g. sold or donated)	Person transferred to
1.
2.
3.
4.
5.

(iii) CASH
Cash in bank or other financial institution in Botswana or outside Botswana (Give location of the bank/institution, names of account holder, account number, type of account)
Amount transferred	Date of transfer	Person transferred to	Manner of transfer (payment or donation)	Currency	Source of funds
1.
2.
3.
4.
5.

(iv) OTHER INCOME
(aa) PARTNERSHIP/SOCIETY/COMPANY SHARES OR MONIES HELD IN TRUST OWNED BY THE DECLARANT
Number and type/class of shares	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(bb) BILLS, SECURITIES, BONDS NEGOTIABLE INSTRUMENTS OR ANY INSTRUMENT CAPABLE OF BEING NEGOTIATED OWNED BY DECLARANT
Number and type/class of shares	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(v) OTHER ASSETS (e.g. LIVESTOCK, CARAVANS, TRAILERS, etc.)
Description	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(g) PRESENT LIABILITIES OF THE DECLARANT
Creditor (name and address)	Type of liability (mortgage, overdraft, and loans etc.)	Amount and date
1.
2.
3.
4.
5.

PART II
ASSETS AND LIABILITIES OF SPOUSE

DETAILS OF ASSETS OF SPOUSE IN AND OUTSIDE BOTSWANA

Name of spouse and occupation: …………………………………………………………………………

…………………………………………………………………………………………………………………………

(a) IMMOVABLE ASSETS
Type or description*	Plot size	Survey No./Plot No./Deed No.	Location/s*	Manner of acquisition (whether purchased, transferred or donated, etc.)	Joint ownership (Yes/No)	Co-owner?s names and ID/Passport No.*	Relationship to declarant	Latest value or estimated current value
1.
2.
3.
4.
5.

(b) MOVABLE ASSETS
VEHICLES, SHIPS, AIRCRAFT, BOATS, WORKS OF ART, JEWELLERY, PRECIOUS METALS OR OTHER ITEM OF VALUE IN THE SPOUSE’S NAME
[Note: These include property that is jointly owned]
Type and make	Registration number	Price paid	Latest value or estimated current value	Date acquired	Current status (i.e. being used)	Source of finance (bought, donated/won)	Acquired from whom	Partner
1.
2.
3.
4.
5.

(c) CASH
Cash in bank or other financial institution in Botswana or outside Botswana (Give location of the bank/institution, names of account holder, account number, type of account)
Bank/Institution name and location	Name(s) of account holder	Account type and its number	Amount	Currency	Source of funds
1.
2.
3.
4.
5.

(d) OTHER ASSETS (e.g. LIVESTOCK, CARAVANS, TRAILERS, etc.)
Description	Cost	Date acquired	Current status (i.e. being used)	Source of finance	Registered owner
1.
2.
3.
4.
5.

(e) OTHER INCOME
(i) PARTNERSHIP/SOCIETY/COMPANY SHARES OR MONIES HELD IN TRUST OWNED BY SPOUSE
[Note: Shares abroad to be indicated]
Share certificate No. including company name	Number and type/class of shares	Price paid	Date acquired	Current status (being used)	Source of finance	Latest value or estimated current value
1.
2.
3.
4.
5.

(ii) BILLS, SECURITIES, BONDS NEGOTIABLE INSTRUMENTS OR ANY INSTRUMENT CAPABLE OF BEING NEGOTIATED OWNED BY SPOUSE
Number and type/class of shares	Price paid	Date acquired	Current status (i.e. being used)	Source of finance	Latest value or estimated current value
1.
2.
3.
4.
5.

(f) TRANSFERRED PROPERTY
[Note: This includes property transferred within the past five years]
(i) IMMOVABLE ASSETS
Type or description*	Plot size	Survey No./ Plot No./ Deed No.	Location/s*	Manner of transfer (whether sold or donated, etc.)	Date of transfer	Person transferred to*
1.
2.
3.
4.
5.

(ii) MOVABLE ASSETS
VEHICLES, SHIPS, AIRCRAFT, TRAILERS, WORKS OF ART, JEWELLERY, PRECIOUS METALS OR OTHER ITEM OF VALUE IN THE SPOUSE’S NAME
[Note: These include property that is jointly owned]
Type and make	Registration number	Date transferred	Manner of transfer (e.g. sold or donated)	Person transferred to
1.
2.
3.
4.
5.

(iii) OTHER INCOME
(aa) PARTNERSHIP/SOCIETY/COMPANY SHARES OR MONIES HELD IN TRUST OWNED BY THE SPOUSE
Number and type/class of shares	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(bb) BILLS, SECURITIES, BONDS NEGOTIABLE INSTRUMENTS OR ANY INSTRUMENT CAPABLE OF BEING NEGOTIATED OWNED BY THE SPOUSE
Number and details of shares	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(iv) CASH
Cash in bank or other financial institution in Botswana or outside Botswana (Give location of the bank/institution, names of account holder, account number, type of account)
Amount transferred	Date of transfer	Person transferred to	Manner of transfer (payment or donation)	Currency	Source of funds
1,
2.
3.
4.
5.

(v) OTHER ASSETS (e.g. LIVESTOCK, CARAVANS, TRAILERS, etc.)
Description	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(g) PRESENT LIABILITIES OF SPOUSE
Creditor (name and address	Type of liability (mortgage, overdraft, and loans) etc.	Amount and date
1.
2.
3.
4.
5.

PART III
ASSETS OF CHILDREN BELOW 18 YEARS AND DEPENDANTS OF THE DECLARANT

Names and age of children and dependents: ……………………………………………………….

……………………………………………………………………………………………………………………….

(a) IMMOVABLE ASSETS
Type or description*	Plot size	Survey No./Plot No./Deed No.	Location/s*	Manner of acquisition (whether purchased, transferred or donated, etc.)	Joint ownership* (Yes/No)	Co-owner’s Names/ID or Passport No.*	Relationship to declarant	Latest value or estimated current value
1.
2.
3.
4.
5.

(b) MOVABLE ASSETS
VEHICLES, SHIPS, AIRCRAFT, BOATS, WORKS OF ART, JEWELLERY, PRECIOUS METALS OR OTHER ITEM OF VALUE IN THE NAME OF THE DECLARANT?S CHILDREN OR DEPENDENTS
[Note: These include property that is jointly owned]
Type and make	Registration number	Price paid	Latest value or estimated current value	Date acquired	Current status (i.e. being used)	Source of finance (bought, donated/ won)	Acquired from whom	Partner
1.
2.
3.
4.
5.

(c) CASH
Cash in bank or other financial institution in Botswana or outside Botswana (Give location of the bank/institution, names of account holder, account number, type of account)
Bank/Institution name and location	Name(s) of account holder	Account type and its number	Amount	Currency	Source of funds
1.
2.
3.
4.
5.

(d) OTHER ASSETS (e.g. LIVESTOCK, CARAVANS, TRAILERS, etc.)
Description	Cost	Date acquired	Current status (i.e. being used)	Source of finance	Registered owner
1.
2.
3.
4.
5.

(e) OTHER INCOME
(i) PARTNERSHIP/SOCIETY/COMPANY SHARES OR MONIES HELD IN TRUST OWNED BY THE DECLARANT?S CHILDREN OR DEPENDENTS
[Note: Shares abroad to be indicated]
Number and type/class of shares	Price paid	Date acquired	Current status (being used)	Source of finance	Latest value or estimated current value
1.
2.
3.
4.
5.

(ii) BILLS, SECURITIES, BONDS, NEGOTIABLE INSTRUMENTS OR ANY INSTRUMENT CAPABLE OF BEING NEGOTIATED OWNED BY THE DECLARANT?S CHILDREN OR DEPENDENTS
Number and details of shares	Price paid	Date acquired	Current status (i.e. being used)	Source of finance	Latest value or estimated current value
1.
2.
3.
4.
5.

(g) TRANSFERRED PROPERTY
[Note: This includes property transferred within the past five years]
(i) IMMOVABLE ASSETS
Type or description*	Plot size	Survey No./ Plot No./ Deed No.	Location/s*	Manner of transfer (whether sold or donated, etc.)	Date of transfer	Person transferred to*
1.
2.
3.
4.
5.

(ii) MOVABLE ASSETS
VEHICLES, SHIPS, AIRCRAFT, BOATS, WORKS OF ART, JEWELLERY, PRECIOUS METALS OR OTHER ITEM OF VALUE IN THE NAME OF THE DECLARANT?S CHILDREN OR DEPENDENTS
[Note: These include property that is jointly owned]
Type and make	Registration number	Date transferred	Manner of transfer (e.g. sold or donated)	Person transferred to
1.
2.
3.
4.
5.

(iii) CASH
Cash in bank or other financial institution in Botswana or outside Botswana (Give location of the bank/institution, names of account holder, account number, type of account)
Amount transferred	Date of transfer	Person transferred to	Manner of transfer (payment or donation)	Currency	Source of funds
1.
2.
3.
4.
5.

(iv) OTHER INCOME
(aa) PARTNERSHIP/SOCIETY/COMPANY SHARES OR MONIES HELD IN TRUST OWNED BY THE DECLARANT?S CHILDREN OR DEPENDENTS
Number and type/class of share	Share certificate No., including company name	Price paid	Date acquired	Current status (being used)	Source of finance	Latest value or estimated current value
1.
2.
3.
4.
5.

(bb) BILLS, SECURITIES, BONDS, NEGOTIABLE INSTRUMENTS OR ANY INSTRUMENT CAPABLE OF BEING NEGOTIATED OWNED BY THE DECLARANT?S CHILDREN OR DEPENDENTS
Number and type/class of shares	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(v) OTHER ASSETS (e.g. LIVESTOCK, CARAVANS, TRAILERS, etc.)
Description	Date of transfer	Person transferred to	Manner of transfer (e.g. sold or donated)	Price paid (if sold)
1.
2.
3.
4.
5.

(f) PRESENT LIABILITIES OF DECLARANT?S CHILDREN BELOW 18 YEARS AND DEPENDENTS
Creditor (name and address	Type of liability (mortgage, overdraft, and loans) etc.	Amount and date
1.
2.
3.
4.
5.

I, …………………………………….., solemnly declare that the information that I have given above is, to the best of my knowledge, true, complete, accurate and correct.

Signature of Declarant: ……………………………………..

Sworn to and signed before me at ????.. on the …………………. day of …………………. 20….

………………………………………………………
COMMISSIONER OF OATHS

………………………………………………..
DESIGNATION

FOR OFFICIAL USE

Date of declaration ………………………………………………………………………………………………..

Date of receipt of declaration ………………………………………………………………………………….

Action taken: (a) Acknowledgment slip issued …………………………………………………………….

(b) Filed …………………………………………………………………………………………………………

(d) Comments …………………………………………………………………………………………………

…………………………………………………………………………………………………………………

Name of Receiving Officer: …………………………………..

Signature: ……………………………………………………….

Position: …………………………………………………………

ACKNOWLEDGMENT SLIP

Name of declarant ………………………………………………………………………………………………………

Address ………………………………………………………………………………………………………………

Date of declaration ………………………………………………………………………………………………..

Date of receipt of declaration …………………………………………………………………………………..

Delivered by …………………………………………………………………………………………………………

Comments ……………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

Name: ……………………………………………………………………………………………………
For/Director-General

DECLARATION OF ASSETS AND LIABILITIES (EXTENSION OF PERIOD OF DECLARATION) (NO. 2) ORDER

(section 8A read with section 21)

(20th February, 2020)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Extension of period of declaration

3. Revocation of SI No. 20 of 2020

S.I. 20, 2020,
S.I. 87, 2020,
S.I. 108, 2020.

1. Citation

This Order may be cited as the Declaration of Assets and Liabilities (Extension of Period of Declaration) (No. 2) Order.

2. Extension of period of declaration

(1) A person to whom the Declaration of Assets and Liabilities Act applies shall make a declaration on or before 31st December, 2020.

(2) Notwithstanding the provisions of subparagraph (1), a person who on or after 2nd November, 2020?

(a) is appointed or assumes office under section 8(1)(b) of the Act; or

(b) takes or subscribes to an oath of allegiance, before the National Assembly under section 8(1)(c) of the Act; or

shall make a declaration within 60 days of his or her, being appointed or assuming office, taking or subscribing before the National Assembly, of an oath of allegiance, or becoming a person subject to the Act.

3. Revocation of S.I. No. 20 of 2020

The Declaration of Assets and Liabilities (Extension of Period of Declaration) Order is hereby revoked.